Atheists vs. the 9/11 cross

The cross will not be displayed in the memorial; it will be included in a section of the museum featuring ways workers sought to “[find] meaning at Ground Zero.” Its inclusion is for historical purposes, and not as a religious memorial. Yet the American Atheists decided that this was offensive and filed a lawsuit alleging that the display of the cross violated the Establishment Clause of the First Amendment, equal-protection laws, and civil-rights statutes.

Unfortunately for the American Atheists, the law is clearly on the side of the September 11 Museum. The Establishment Clause is the centerpiece of the American Atheists’ case. They argue that “the challenged cross constitutes an unlawful attempt to promote a specific religion on governmental land.” This argument is specious in two separate ways. First, the museum is not a government organization; it is run by a private foundation, and thus its actions should be construed as private speech. Second, the display of the 9/11 cross in the museum falls well within the guidelines for displays of religious objects that the Supreme Court has upheld time and time again.